Three guys were involved in a stabbing during a drug deal gone wrong. One guy (Goss) got a long sentence, and he argued it wasn't fair compared to his friends. The court said the judge considered everything fairly, so the long sentence stood.
Key Facts
- •Syd Goss (22) convicted of murder of Lee Baxter (34) along with Jermaine Forrester (25) and Ryan Graham (27).
- •Baxter was killed during a botched drug deal/robbery.
- •Goss chased Baxter's brother with a knife, Forrester was the main stabber, and Graham's involvement was less clear.
- •Goss received a life sentence with a 29-year minimum term.
- •Goss appealed on grounds of sentence disparity with co-defendants.
Legal Principles
Disparity is rarely a successful ground of appeal unless manifestly excessive.
R v Wilson [2017] EWCA Crim 1860, R v Anderson and Black [2018] EWCA Crim 482
The statutory test on appeal is whether a sentence was wrong in principle or manifestly excessive.
Sentencing Act 2020
In joint enterprise cases, the judge assesses individual roles and culpability.
None explicitly stated, but implicit in the judgment.
Murder for gain has a starting point of 30 years minimum term.
Schedule 21, paragraph 3(2), Sentencing Act 2020
Outcomes
Appeal refused.
The judge's assessment of culpability was not manifestly excessive. Disparity arguments were unsuccessful; the differences between the defendants' roles and circumstances justified the sentence differences.